1. This Is an Enforceable Legal Agreement.
2. Customer Agrees that TSO Mobile by Tracking Solutions Corp. May Monitor, Collect, Use, Communicate, Retain, and Disclose Location Information.
2.1. Customer agrees that TSO Mobile. may use data from a Tracking Solutions Corp. global positioning satellite locator (the “Device”), which Customer must purchase separately, together with Tracking Solutions Corp.’s location tracking and communication technologies, to monitor and collect global positioning satellite (“GPS”) coordinates showing the location of the pet, vehicle, PDA or item (such as a bicycle, briefcase, luggage, backpack, etc.) chosen by Customer (“Location Information”). The direct tracking of people is prohibited. The Federal Communications Commission and the Federal Aviation Administration regulations prohibit use of the Device on commercial aircraft, including in checked baggage.
2.2. Customer agrees that TSO Mobile. will monitor and collect Location Information through communication technologies and networks chosen by Tracking Solutions Corp.
2.3. Customer agrees that TSO Mobile. may communicate Location Information to Customer through communication technologies and networks chosen by Tracking Solutions Corp. or, at Customer’s request, TSO Mobile. may communicate Location Information to Customer in part through communication technologies and networks chosen by Customer, as when Customer chooses to receive Location Information from TSO Mobile. through Short Message Service (“SMS”) messages sent to Customer’s mobile phone if service available.
3. Customer Is Prohibited From Using the Services for Illegal Purposes.
Customer shall not use, and shall not allow any person to use, the Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortuous or illegal purpose, including but not limited to harassing, slandering, defaming, or improperly conducting surveillance of any person.
4. Customer Agrees to Certain Warranties.
Customer warrants to Tracking Solutions Corp. that:
4.1. Customer will use the Services only as provided in this Agreement;
4.2. Customer is at least 18 years old and has the right or has obtained any required authorization (a) to monitor the location of the pet, vehicle, PDA or item chosen by Customer, and (b) to agree that TSO Mobile by Tracking Solutions Corp. may monitor, collect, use, communicate, retain, and disclose Location Information as described in this Agreement;
4.3. Any information Customer provides or discloses to Tracking Solutions Corp. will be accurate, complete, and current; and
4.4. Customer will notify Tracking Solutions Corp. regarding any material change to information Customer provides by using the methods for contacting Tracking Solutions Corp. stated in the “Contact Us” section of http://www.TSOmobile.com.
5. Tracking Solutions Corp. May Amend this Agreement at Any Time.
5.1 Tracking Solutions Corp. reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Tracking Solutions Corp. will include such Amendments on the version of this Agreement that is posted on Tracking Solutions Corp.’s Web site (http://www.TSOmobile.com) and will notify Customer by e-mail that the Agreement has been amended.
5.2 Amendments to the Agreement will take effect immediately upon being posted to the Web site. Customer’s continued use of the Services after Tracking Solutions Corp. posts an Amendment constitutes Customer’s acceptance of and consent to the Amendment. If Customer does not accept such an Amendment, Customer must notify Tracking Solutions Corp. within 30 days after Tracking Solutions Corp. notifies Customer of the Amendment that Customer has elected to terminate the Services rather than accept the Amendment.
5.3 Tracking Solutions Corp. will not charge Customer a termination fee if Customer terminates the Services as described in section 5.2 of this Agreement.
6. Customer Must Use the Device with the Wireless Carrier Chosen by Tracking Solutions Corp.
TSO Mobile by Tracking Solutions Corp. Corp. monitors and collects Location Information using a network of a third party wireless service carrier and Devices provided by Tracking Solutions Corp. or by authorized distributors. Customer shall not use a Device with any other service unless written consent from Tracking Solutions Corp.
7. Customer Is Responsible for All Charges Incurred to Use the Services.
7.1. Customer is responsible for all charges incurred in connection with the Services regardless of who incurs the charges. If Customer believes there is an error in any charge posted to Customer’s account, Customer must contact Tracking Solutions Corp. concerning the disputed charges within 15 days of receiving the bill for those charges, at which time Tracking Solutions Corp. will investigate Customer’s claim. Late payments for any charges billed by Tracking Solutions Corp. will be subject to a flat fee of $35.00 or 1.5% interest, whichever is greater.
7.2. Customers who wish to purchase the Services must do so for a period of 12, 24 or 36 months. Customer must provide a valid and chargeable credit card or debit card (“payment card”) to Tracking Solutions Corp. as part of the activation process, which Tracking Solutions Corp. will charge for the Services. If between the Customer and Tracking Solutions Corporation exist different term of payment form, it should be in writing and approved by an authorized personnel from Tracking Solutions corporation.
7.3. Customer must pay for the Services in advance on a yearly, monthly, or other subscription basis. If Customer does not pay in advance for the minimum term required, Customer’s payment card will be charged monthly for the full monthly amount due. In the event that Customer’s payment card company declines to process Customer’s monthly payment, Tracking Solutions Corp. may retry the charge on the payment card. If payment is again declined, Tracking Solutions Corp. may terminate the Services immediately, and without penalty or liability to Tracking Solutions Corp.
7.4 Customer is responsible for any and all taxes and expenses that may be incurred related to use of the Services.
8. Customer Must Use Tracking Solutions Corp.-Supplied Security Information.
Tracking Solutions Corp. will provide Customer a username, password, or other security information (“Security Information”), which Customer must use to access and use the Services. Customer shall maintain the confidentiality of the Security Information and shall be responsible for all activities performed using Customer’s Security Information. Customer shall notify Tracking Solutions Corp. immediately of any unauthorized use of Customer’s Security Information.
9. Tracking Solutions Corp. and Customer May Terminate this Agreement and the Services.
9.1. The term of this Agreement shall commence when the Customer first activates the Services; provided, however, that Tracking Solutions Corp. may decline to activate the Services if (a) Customer fails to provide all required information through the Activation page on the Trackingsolutionsonline.com Web site within 15 days after purchasing the Device that Customer will use to receive the Services; (b) Tracking Solutions Corp. determines in its sole discretion that the SIM card in the Device has been or will be used improperly; or (c) Tracking Solutions Corp. determines in its sole discretion that Customer will use the Device in a manner that will violate this Agreement.
9.2. Tracking Solutions Corp. may, with or without cause, immediately terminate this Agreement at any time, and deny Customer access to or use of the Services. Without limiting the foregoing, Tracking Solutions Corp. has the right to immediately terminate or suspend Customer’s account or use of the Services in the event that Customer breaches this Agreement or engages in conduct that Tracking Solutions Corp., in its sole discretion, considers unacceptable. If this Agreement is terminated, Customer will no longer be authorized to access or use the Services.
9.3. Customer may terminate the Services at any time. Except as provided in sections 5.2 and 5.3 of this Agreement, if Customer terminates the Services prior to the expiration of the term of Customer’s contract with Tracking Solutions Corp.: (a) Customer’s payment card will be charged $150 as an early termination fee, the early termination fee is not a penalty, but rather a charge to compensate Tracking Solutions Corporation for your failure to satisfy the Service Commitment on which your Service rate is based., and (b) either, for such early-terminating Customers who were paying monthly Tracking Solutions Corp. will stop charging the Customer’s payment card within 30 days after receiving notice from the Customer of the early termination, or for such early-terminating Customers who paid in advance for a one-year period Tracking Solutions Corp. will refund to the Customer within 90 days a pro rata amount for unused Services, as determined by Tracking Solutions Corp. minus the $150 per user as an early termination fee, if applies. If not earlier terminated by Customer or by Tracking Solutions Corp., this Agreement shall automatically be extended, for the same initial term basis (12, 24 or 36 months term) at the monthly rate then in effect for Customers who do not prepay services, at the end of the period for which Customer has paid as described in sections 7.2 and 7.3 of this Agreement.
9.4. All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination.
10. Tracking Solutions Corp. Disclaims All Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACKING SOLUTIONS CORP., ITS SUPPLIERS, AND LICENSORS PROVIDE THE SERVICES “AS IS” AND WITH ALL FAULTS. TRACKING SOLUTIONS CORP. DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO CUSTOMER, OR SENT BY A DEVICE, WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE AMOUNT OF TIME, OR WITHOUT BEING INTERCEPTED. TRACKING SOLUTIONS CORP., ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
11. Additional Device Warranty Disclaimers May Apply.
Certain additional warranty disclaimers and limitations may apply with respect to a Device purchased by Customer. Customer should carefully read the materials accompanying the Device.
12. Tracking Solutions Corp.’s Potential Liability Is Limited.
12.1. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER TRACKING SOLUTIONS CORP. HAS BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OR FAILURE TO PROVIDE THE SERVICES, PRODUCTS, OR DEVICES. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES A PRODUCT OR DEVICE USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH TRACKING SOLUTIONS CORP. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
12.2. NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF TRACKING SOLUTIONS CORP. AND ITS SUPPLIERS AND LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES OR DEVICES, AND CUSTOMER’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT THAT CUSTOMER CLAIMS CAUSED THE DAMAGES.
12.3. Tracking Solutions Corp. shall not be liable for any damages Customer or others may incur as a result of Customer’s loss, disclosure, or a third party’s use of Customer’s Security Information, regardless of whether such disclosure or use is with or without Customer’s knowledge or consent.
12.4. In no event shall Tracking Solutions Corp. have any liability for any damages arising out of or in connection with: (a) Customer’s own actions, negligence, or willful misconduct, (b) acts or omissions of any third party, including but not limited to any telecommunications service provider, or (c) events or causes beyond Tracking Solutions Corp.’s reasonable control, including but not limited to acts of God, war, terrorism, criminal or tortious acts by third parties, riots, or natural disasters.
12.5. The limitations, exclusions, and disclaimers set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
13. Customer Agrees to Indemnify Tracking Solutions Corp.
13.1. Customer agrees to defend, to indemnify, and to hold harmless Tracking Solutions Corp. and its affiliates, suppliers and licensors (and each entities’ respective officers, directors and employees) from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to Customer’s use of the Services and a Device or to Customer’s inability to use the Services or a Device.
13.2. Customer’s agreement to defend, to indemnify, and to hold Tracking Solutions Corp. harmless applies whether a claim against Tracking Solutions Corp. is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to any claims resulting directly or indirectly from Customer’s intentional or inadvertent misrepresentation of: (a) Customer’s identity; (b) the identity of persons authorized to access Location Information; (c) Customer’s right to monitor the location of the pet, vehicle, or item Customer chooses to track using the Services; or (d) Customer’s relationship to any of these persons or claims resulting from or relating to Customer’s breach of this Agreement.
14. Process for Returning Devices.
Devices in new condition and uninstalled purchased directly from Tracking Solutions Corp. may be returned for a refund of the cost of the Device within 14 days of purchase minus a 20% restocking service fee. Items that have been damaged, used, improperly installed, or otherwise rendered faulty or inoperative by the purchaser will not be credited.
Activation charges, monthly service, and shipping charges are not refundable.
15. If a Device Is Lost or Stolen.
15.1. If a Device is lost or stolen, Customer is responsible for charges incurred until Customer notifies Tracking Solutions Corp. of the loss.
15.2. Once Customer informs Tracking Solutions Corp. that a Device has been lost or stolen, Tracking Solutions Corp. will suspend Customer’s account. After Customer purchases a new Device, any money left in Customer’s account will be transferred to a new account. If Customer decides to terminate the account, Customer’s registered credit card will be charged in the amount of the termination fee stated above.
16. Customer May Not Export Devices or Software.
Customer shall comply with all trade regulations and export control laws, both domestic and foreign. Devices, software and any underlying information accessed or transferred using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Tracking Solutions Corp. and the U.S. export control laws, Customer agrees not to export or re-export any Device or software to any foreign country. Any information transferred by Customer using the Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
17. Tracking Solutions Corp. and Its Licensors Own All Intellectual Property Rights.
17.1. Tracking Solutions Corp. grants Customer, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use any software provided by Tracking Solutions Corp. (the “Software”) solely in connection with Customer’s use of the Services and in a manner that is consistent with this Agreement.
17.2. Customer shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement.
17.3. The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Tracking Solutions Corp. or its suppliers or licensors. All rights not expressly granted in this Agreement are reserved by Tracking Solutions Corp.
17.4. The "Tracking Solutions Corp." name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by Tracking Solutions Corporation or its licensors and may not be used by Customer without the written consent of Tracking Solutions Corp.
18. Tracking Solutions Corp. May Use Customer Information.
18.3. Customer acknowledges that transmissions to TSO Mobile by Tracking Solutions Corp. Corp. from a Device, transmissions from TSO Mobile by Tracking Solutions Corp. Corp. to Customer, and Customer’s communications to TSO Mobile by Tracking Solutions Corp. Corp. may be intercepted and read by others. Customer therefore acknowledges that the Services are not confidential.
18.4. To comply with appropriate legal process, Tracking Solutions Corp. may disclose any Customer information or content to law enforcement authorities, including Customer’s name, account history, account information or other transmission data requested by law enforcement. Tracking Solutions Corp. may also disclose any Customer content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Tracking Solutions Corp.
19. Customer’s Use of Content and Services Is Restricted.
19.1. TSO Mobile by Tracking Solutions Corp. Corp. may send messages, data, or other information (“Content”) to Customer as part of the Services. All Content is owned by Tracking Solutions Corp. Customer shall not upload or transmit Content to public places. Customer is responsible for any unauthorized use of the Content.
19.2. Customer shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials that (a) restrict or inhibit any other customer from using the Services, (b) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information, (f) contain advertising of any kind, or (g) constitute or contain false or misleading indications of origin or statements of fact.
19.3. If Tracking Solutions Corp. determines in its sole discretion that Customer is using an excessive amount of TSO Mobile by Tracking Solutions Corp. Corp.’s network resources, Tracking Solutions Corp. may adjust, suspend or terminate the Services Tracking Solutions Corp. provides to Customer at any time, without notice.
19.4. Tracking Solutions Corp. reserves the right to limit, remove, or delete any information that Customer uploads, downloads, posts, distributes, or otherwise transmits through the Services for any reason at any time.
20. Additional Terms and Conditions.
20.2. Any cause of action Customer may have with respect to the use of the Services must be commenced within one (1) year after the claim or cause of action arises.
20.3. Both parties waive the right to a jury trial in any dispute arising out of this Agreement or the Services.
20.4. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
20.5. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20.6. Customer may not assign his or her rights or delegate his or her obligations under this Agreement.
20.7. There shall be no third party beneficiaries under this Agreement, except for Tracking Solutions Corp.’s affiliates, suppliers, and licensors or as required by law.
20.8. Any legal action concerning this Agreement or the Services shall be interpreted under the laws of the Commonwealth of Florida, excluding the Commonwealth’s choice of law rules.
20.9. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the Commonwealth of Florida.
20.10. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
20.11. The failure of Tracking Solutions Corp. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
21. Instructions & Terms Regarding Receiving Tracking Solutions Corp. Location Information Via SMS.
21.1. Those Customers who choose to receive Location Information and Device alerts via Short Message Service (“SMS”) to their mobile phones or any mobile device must review and agree to these additional terms.
21.3. Customers must enter the mobile phone number of their mobile phone where prompted on the Trackingsolutionsonline.com website or any other website designated by Tracking Solutions Corporation. This number is for the mobile phone to which the Customer wants to have mobile notifications sent. This process enables the Customer to receive SMS notifications.
21.4. All terms of the Tracking Solutions Corp. Customer Agreement apply regarding Tracking Solutions Corp.’s use of SMS messages to send Location Information and Device alerts to Customers.
21.5. Once a Customer has registered at Trackingsolutionsonline.com or requested directly to our personnel to receive Location Information and device alerts via SMS, he or she can query the location of his or her Tracking Solutions Corp. device(s) using the mobile interface provide by Tracking Solutions Corporation.
21.6. To receive assistance regarding receiving Tracking Solutions Corp. Location Information and Device alerts via SMS:
21.6.1. Customer can go to Tracking Solutions Corp..com to read FAQ’s of the Terms and Conditions, or
21.6.2. Customer can contact Tracking Solutions Corp. customer service at 1-877-406-3584 toll free, or
21.6.3. Customer can send an email to firstname.lastname@example.org, or
21.7. To stop receiving SMS messages from the TSO Mobile by Tracking Solutions Corp. Corp. Location Information service and opt-out of the service:
21.7.1. Customer may contact Tracking Solutions Corp. customer service at 1-877-406-3584 toll free, or
21.7.2. Customer can send an email to email@example.com,
21.7.3. The Customer will not receive any additional SMS messages from the TSO Mobile by Tracking Solutions Corp. Corp. Location Information service until he or she re-registers for SMS service again.
21.8. Fees and Rates for Tracking Solutions Corp. Location Information SMS Messaging:"
21.8.1. Customers must pay their mobile phone service carriers for SMS messages received from Tracking Solutions Corp. pursuant to the terms of their mobile phone agreements with their mobile phone service provider. Tracking Solutions Corp. Customers should check with their mobile phone service providers for the SMS rates their mobile phone carrier with charge.
21.8.2. Tracking Solutions Corp. does not charge any additional amount to Tracking Solutions Corp. Customers who choose to receive Location Information and device alerts through SMS messages, unless Customer contracted with Tracking Solutions Corporation the wireless data and SMS services, for SMS additional fees, contact Customer Service at Tracking Solutions Corporation.
21.9. Mobile Phone Service Providers
21.9.1. The TSO Mobile by Tracking Solutions Corp. Corp. Location Information notification service via SMS is available only to authorized Tracking Solutions Corp. Customers who have a registered, active mobile phone.
21.9.2. The SMS service is available on most mobile phones from most U.S. mobile phone service providers (Verizon, T-Mobile, AT&T, Sprint, Alltel). If the SMS service does not work on your phone, please contact your wireless service provider.